In certain cities, feeding the homeless is against the law
In a story that made national news, twelve people have been charged in the city of El Cajon, California for giving food and toiletries to the homeless in the city’s Wells Park. Each were charges with misdemeanor violations of the city’s municipal code, which prohibits “food sharing” in public places, which includes city parks. As an experienced California criminal defense attorney can explain, certain towns and cities across the United States have passed similar ordinances for what they say are health and safety reasons.
The city of El Cajon passed the ordinance in October 2017 following an outbreak of Hepatitis A. The city claimed that the ordinance was necessary to prevent the spread of the disease, but others have claimed that it is purely discriminatory. A city council member cited the Hepatitis A outbreak and the fact that feeding the homeless in public spaces leaves it very messy as a reason for the ordinance. He stated that people can take homeless people back to their homes if they want to feed them or house them. The group that distributed the food at the park have vowed to fight against the ordinance, and stated that they had to break the law in order to fight it in court. One of the people arrested was just 14 years old.
While the El Cajon case may be unusual due to the number of people arrested, it is far from the only city that has criminalized feeding the homeless. Dozens of cities and towns across the United States have similar ordinances or laws on the books, including Atlanta, Georgia and Tampa, Florida.
In 2017, a Hepatitis A outbreak in Los Angeles, San Diego and Santa Cruz among homeless people led to the death of about 20 homeless people. Hepatitis A is a contagious liver infection that can often be caused by unsafe drinking water, poor hygiene and sanitation. Cities that have had Hepatitis A outbreaks — including Los Angeles — may be more inclined to pass laws banning feeding the homeless. However, according to advocates, there is no evidence that feeding the homeless contributes in any way to these outbreaks.
While the city of Los Angeles does not currently prohibit feeding the homeless, it is smart to know the laws in your town or city before making a plan to feed the homeless. When possible, check with a California criminal defense attorney, or volunteer to help the homeless through a local shelter, feeding local homeless populations in a non-public space. However, if you are charged with feeding the homeless in violation of a local ordinance, an experienced California criminal defense attorney can help.
At the Chambers Law Firm, our team of seasoned professionals have helped people who have been charged with a variety of crimes. Our broad experience allows us to adapt to a variety of circumstances, and help you achieve the most favorable outcome based on the facts of your case. To learn more or to schedule a free initial consultation, contact our office today at 714-760-4088 or dchambers@clfca.com.
